Smith v. Utah State Tax Commission

Annotate this Case

Download PDF

IN THE UTAH COURT OF APPEALS ----ooOoo---Thomas Smith, Plaintiff and Appellant, v. Utah State Tax Commission, Defendant and Appellee. ) ) ) ) ) ) ) ) ) MEMORANDUM DECISION (Not For Official Publication) Case No. 20050562-CA F I L E D (September 15, 2005) 2005 UT App 391 ----Eighth District, Vernal Department, 050800119 The Honorable John R. Anderson Attorneys: Thomas Smith, Vernal, Appellant Pro Se Mark L. Shurtleff and Erin Riley, Salt Lake City, for Appellee ----- Before Judges Bench, Greenwood, and Thorne. PER CURIAM: Thomas Smith appeals from an order dismissing his petition to vacate judgment. This case is before the court on its own motion for summary dismissal for lack of jurisdiction due to the failure to file a timely notice of appeal. See Utah R. App. P. 4(a). A notice of appeal must be filed "with the clerk of the trial court within 30 days after the date of entry of the judgment or order appealed from." Id. If an appeal is not timely filed, this court lacks jurisdiction to hear the appeal, and must dismiss. See Serrato v. Utah Transit Auth., 2000 UT App 299,¶7, 13 P.3d 616. The district court entered its order from which Smith appeals on April 28, 2005. Smith filed his appeal on June 23, 2005, well beyond the time limitation set forth in rule 4(a). See Utah R. App. P. 4(a). Because Smith did not timely file his notice of appeal, this court lacks jurisdiction to hear the appeal. The appeal is dismissed. ______________________________ Russell W. Bench, Associate Presiding Judge ______________________________ Pamela T. Greenwood, Judge ______________________________ William A. Thorne Jr., Judge 20050562-CA 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.